DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX *
WASHINGTON DG 20370-5100 TIR wh
Docket No: 13026-09
17 March 2010
This is in reference to your client, Captain Joshua W. Burgess.
Captain Burgess submitted an application for correction of his
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your client's
application on 16 March 2010. The names and votes of the
members of the panel will be furnished upon request. His
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. }| Documentary material considered by
the Board consisted of hisfapplication, together with all
material submitted in support thereof, his naval record and
applicable statutes, regulations, and policies. In addition, the
Board considered the advigory opinions furnished by the Marine
Corps, copies of which are attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In this regard, the Board substantially
concurred with the comments contained in the advisory opinions.
Accordingly, your client's application has been denied.
It is regretted that the circumstances of your client’s case are
such that favorable action cannot be taken. He is entitled to
have the Board reconsider its decision upon submission of new and
Material evidence or other matter not previously considered by
the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\en
W. DEAN PFEIL
Fxecutive Di
Enclosures
NAVY | BCNR | CY2006 | 06612-06
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NAVY | BCNR | CY2010 | 09830-10
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NAVY | BCNR | CY1999 | Document scanned on Tue Jan 30 16_58_29 CST 2001
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